Revolutionary War Pension and Bounty Land Warrant Application File S. 13,077, David Freelove, Mass.

SERVICE
NUMBER
Mass
Freelove, David
8,13,077
carded
CONTENTS

ended. Sept 19 1842 to 3rd week of March 1843

31982 Vermont.
David Freeland
of Rutland Co in the State of Vermont who was a Private in the Company by Captain Drew of the Regt Col. Sprout in the Vermont time for 3 years,
Special Act 26. August 1842.
Mass. Line. Records corrected Jan'y 5/46.
Inscribed on the Roll of Burlington, Vermont at the rate of 80 Dollars — Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 2. day of Sep 1842 — " and Hon. William Slade. Middlebury, Vermont.
Arrears to the 4th of March '42 880,000 Pension allowance ending 4 Sep. 400,000
920,000
{ Revolutionary Claim, Act June 7, 1832.
Recorded by Inco. Moody. Clerk Book E. 2 Vol. 3. Page 67

I David Freelove of Rutland in the County of Rutland & State of Vermont, of the age of fifty five years, being duly sworn, do declare before me that in 1780 I lived in Freestown in the State of Massachusetts, & that in May of that year I enlisted as a soldier into the Continental Army to serve for six months, and in the month of June following I was marched with about 14 others under the command of a sergeant to West Point, and from thence to a place called English neigh- = borhood (Englishtown) in New Jersey, where I was attached to Capt. Williams Co. Col. Smith's Regt. of Massachusetts That we went into winter quarters at West Point The following winter, soon after which, in Decem. 1780, I enlisted into Capt. Seth Dowe's company, Col. Sprout's Regiment of the Massachusetts line to serve during the war - That I served accord- = ingly in said company & regiment until Decem. 1782, when I was thorodally discharged at West Point. My discharge was burnt with my father's house in Freestown about seven or eight years after the war. I served the whole of said time as a soldier. I have no papers to prove either my enlistment or discharge. I further say that I am a resident citizen of the U. States, and have resided in Rutland afore said about one year. I further say that I am poor - and that from my reduced circum- = stances in life I stand in need of assistance from my country for support - and for this my not
David his Freelove mark
Subscribed & sworn this 6 th day of April 1818 before me
Thos. Harmon Assistant Judge of the Rutland County Court

On the 29 th day of Decem. 1818 personally came Benjamin Cheney, a credible witness, & made solemn oath, that he is acquainted with David Freelon & was acquainted with him during the revolutionary war - That in 1781 & 1782 he s d David belonged to Capt Drew's company and served in said company as stated in the foregoing declaration about two years - and further says not
R. Temple Jr. Peace
On the 2 nd day of Feb. 1819 personally came James King a credible witness, who being duly sworn doth depose & say that he is acquainted with the foregoing named David Freelon, & was acquainted with him during the revolutionary war - and that he knows the said David served in Capt Drew's company in 1781 & 1782 for more than one year at one time - and has no doubt he served the whole time as stated in his said declaration - sworn before me
R. Temple Jr. Peace

David Freeline $18.79
17,707 March 1821 [Signature]
STATE OF VERMONT County of
ss
ss
...the said David Freeline, of the county of... State of Vermont... do hereby certify that... being a true and correct copy of the original... ...the said David Freeline, of the county of... State of Vermont... do hereby certify that... being a true and correct copy of the original... ...the said David Freeline, of the county of... State of Vermont... do hereby certify that... being a true and correct copy of the original...

STATE OF VERMONT, Rutland County, ss.
On this 4 th day of Decem r 1820
personally appeared before the County court for said county of Rutland in open court, (said court being a court of record, agreeably to the laws of this state, having the power of fine and imprisonment, &c.) David Freeborn aged 58 years, resident in Rutland in said county of Rutland who being first duly sworn, according to law, doth, on his oath declare, that he served in the revolutionary war, as follows: in Capt Drew's Co. Col. Spencet's Regt. of Vt. Mts. from March 1780 to the close of the Revolutionary War that he made his original declaration on the 6 th day of April 1818
has received a Pension Certificate, No. 17707 And I do solemnly swear, that I was a resident citizen of the United States on the 18th day of March, 1818; and that I have not, since that time, by gift, sale, or in any manner, disposed of my property, or any part thereof, with intent thereby so to diminish it, as to bring myself within the provisions of an act of Congress, entitled "An act to provide for certain persons engaged in the land and naval service of the United States, in the Revolutionary War," passed on the 18th day of March, 1818; —and that I have not, nor has any person in trust for me, any property or securities, contracts or debts, due to me; nor have I any income other than what is contained in the schedule hereto annexed, and by me subscribed.
1 Cow - 1 pig - 1 sheep - 10 pigs 1 horse - 1 set of plow trees - 4 chains - 6 harness - 3 iron spades - 2 iron pokers - 1 doz axes - 2 iron spades - 6 earthen plates - 1 platter - 2 iron kettles - 1 iron kettle - 1 pot - 1 flat iron - 1 set of iron skillets - 1 set of iron spider - 1 rake - 2 pails - 2 tubs - 1 pine chest - 1 small looking glass - My occupation is that of a laborer but do not enjoy good health being afflicted with rheumatism. I have a wife named Lucy aged 57 years who is in feeble health afflicted with pain in her breast & unable to labor but little. I have nothing due me, but am indebted to others for a considerable amount.
Sworn to and declared on the fourth day of December 1820 before said court.
David Freeborn R. Rippon CLERK.
STATE OF VERMONT, Rutland County, ss.
I, Richard Rippon clerk of the County court for the county of Rutland do hereby certify, that the foregoing oath, and the schedule thereto annexed, are truly copied from the record of the said court: —And I do further certify, that it is the opinion of the said court, that the total amount in value of the property exhibited in the aforesaid schedule is eighteen 78 dollars.
In testimony whereof, I have hereunto set my hand, and affixed the seal of said court, at this 6 th day of Decem r 1820
R. Rippon

Wilbur Friclove's Deposition David Friclove's Claim

I Wilbur Frelove aged Seventy two depose and say that I am well acquainted with David Frelove and know that he enlisted into the Continental service of the United States in the year AD 1780 for three years and that he was absent until Nov r AD 1783 that I was out in the Militia service nine months and returned in Nov r 1783 and the said David returned in about a week after I did and further the deponent saith not his James Adair Wilbur Frelove mark
W th Rutland July 6 th 1835 Then personally appeared Wilbur Frelove signor of the above deposition and made solemn oath that the same is according to truth Before me J Purdy Jus Peace And I do hereby certify that the said Wilbur Frelove is reputed to be a credible witness J Purdy Jus Peace

State of Vermont Rutland County
Robert Parsons, Clerk of the County Court for the County of Rutland certify that John Parry is a justice of the County of Rutland duly commissioned and that his signature to the within Certificate is genuine
In testimony whereof I have hereunto set my hand and affixed the seal of said Court at Rutland this 21 st day of September A.D. 1835
R. Parsons

October 12, 1937.
XXXXXXXXXXXX
BA-J/ady am David Freelove S.13077
Mr. H. E. Morehouse 51 Columbus Avenue Southbridge, Massachusetts
Dear Sir:
Reference is made to your letter relative to David Freelove, a soldier of the Revolutionary War.
The data contained herein were obtained from the papers on file in the Revolutionary War claim for pension, S.13077, based upon the military service of David Freelove in that war.
The date and place of birth and the names of the parents of David Freelove are not shown.
While a resident of Freetown, Bristol County, Massachusetts, David Freelove enlisted July 11, 1779, served as private in Captain Thomas Elbre's Company, Colonel Livingston's Massachusetts Regiment and was discharged September 24, 1779. He enlisted about May 1780 and served about six months as private in Captain Williams' Company, Colonel Smith's Massachusetts Regiment. He enlisted about December 1780, served as private in Captains Brightman's and Seth Drew's Companies, Colonel Sprout's Second Massachusetts Regiment; was in the battle of Morrisania; was in skirmishes at White Plains; assisted in building a fort at Dobbs Ferry, and was discharged about November 1783.
He was allowed pension on his application executed April 6, 1818, at which time he was aged fifty-five years and a resident of Rutland, Rutland County, Vermont.
After the war soldier lived for some time in Taunton, with George Smith, the father of his wife, her name and age not designated.
In 1820 soldier's wife, Lucy, was aged fifty-seven years, her maiden name not designated.
In 1835 soldier was living in Clarendon, Rutland County, Vermont.

8 In 1820, etc
9 The soldier, David Freelove, died in November 1841, place not stated, leaving a widow, her name and age not designated.
10 In 1835 one Wilbur Freelove, aged seventy-two years, made affidavit in West Rutland, no relationship to the soldier stated. →
11 It is not shown whether soldier had children. and there are no further family data. →
Very truly yours
A. D. HILLER Executive Assistant to the Administrator
Date of soldier's death not on a B.

November 29, 1937
XXXXXXXXXXXXXXXX
Mr. H. E. Morehouse 51 Columbus Avenue Southbridge, Massachusetts
DAVID FREELOVE S. 15077 BA-J/MSHP:MLB
Dear Sir:
Reference is made to your letter in which you request information in regard to payments of pension to David Freelove, S. 15077, whether or not in monthly payments or in a lump sum of $800.
For information in regard to a lump sum payment of pension, or any other payments of pension which may have been made on account of service of David Freelove, whose record was furnished you, and the name and address of person paid, you should apply to the Comptroller General, General Accounting Office, this city, and furnish the following information:
David Freelove Pension certificate No. 17707 Issued September 6, 1820 Rate $8 a month Commenced April 6, 1818 Act of March 18, 1818 Vermont Agency
also, the following data:
David Freelove (the same soldier) Certificate No. 51982 Issued September 2, 1842 Rate $80 per annum Commenced March 4, 1851 Acts of June 7, 1832 and August 26, 1842 Vermont Agency.
Very truly yours
A. D. HILLER Executive Assistant to the Administrator

Mch. 3, 1843.
Sir:
In answer to your inquiry relative to the case of David Free-love, I have to inform you that it was not known at this Office when Congress passed an Act for his benefit that he was the same man who had received a pension under the Act of March 18, 1818. No deduction was therefore directed to be made. He is now dead and the amount paid under the Act of the 26" August last from 1831 to 1834 cannot now be stopped by the Agent.
To Peter Hagner, Third Auditor.

Sept. 19, 1842.
Sir:
In reply to your letter of the 13th inst. I have the honor to state that the amount due in the case of David Freelove, deceased, is payable to his widow. Such vouchers as the enclosed printed sheets direct should be prepared and presented to the Pension Agent at Burlington in order to obtain the money.
To Hon. W. Slade, Middletown, Vt.

No. 35.386 1. Sep 1842
CASH
David Frelove
Private
$80 per month, to commence
March 4. 1831 -
Roll of Burlington
Vermont
(June 7. 1832 & Act 26 August 1842.
Sealed with L. H. William Slade
Middlebury Vt.
Edward G. Sumner of Paris

J. L. Edwards Esq.

Home of Paps Aug. 30 1842
Sir
I send herewith the pension papers of David Frost, in whose behalf an act has been passed at the present session.
Then act upon the case at your earliest convenience, and transmit the certificate to me at Middlebury Vermont.
Respectfully yours J. W. William Wade
J. G. Edwards Esq

at Al Brown 18 Feb 1835 same 19 March, at Leon Gore 20 June 1835
Vermont. 17/707
David Freelove, of Rutland Co 4 , in the state of Vermont, who was a private in the regiment commanded by Colonel Smith of the Massachussetts Spv. Bat 8 , for the term of three years, 1780
scribed on the Roll of Vermont, at the rate of 8 Dollars per month, to commence on the 6. of April, 1818.
Certificate of Pension issued the 6. of Sep r : 1820 and sent to R. Temple, agent, Rutland, Vermont.
Arrears to 4th of Sep r : 1820: $: 231.73. Semi-ann. all ce ending 4. March, 1821. 48 " 28 mo. \left. \begin{matrix} 29 \\ 30 \end{matrix} \right\} 1821. $: 279.73.
{ Revolutionary claim } { Act 18th March, 18
Continued
not for pen to do nothing with it H. J. R. Sept 1 D. Allen Jun 16 1860

Book 138
DAVID FREELOVE.
[To accompany bill H. R. No. 188.]
————— FEBRUARY 9, 1842. —————
MT. TALIAFERRO, from the Committee on Revolutionary Pensions, made the following
REPORT:
The Committee on Revolutionary Pensions, to which was referred the petition of David Freelove, report as follows:
It appears, from a certificate of the Secretary of the Commonwealth of Massachusetts, that the name of the petitioner is borne on the pay rolls of Captain Thomas Elsbue's company, Colonel Livingston's regiment, of Massachusetts State troops, from July 11 to September 24, 1779— two months and fourteen days ; and also on "a pay roll of six months' men, that marched to join the continental army in the year 1780, for the town of Freetown, where he is allowed from August 15, 1780, to January 21, 1781— five months and fifteen days ."
It further appears, from said certificate, that the name of the petitioner is borne on "a descriptive list of men, raised in the county of Bristol, and State of Massachusetts Bay, to serve in the continental army, as ordered by General Court, December 2, 1780," where it appears that he enlisted in the 2d regiment, in Captain Brightman's company, for three years; but at what time he enlisted, and how long he served, is not mentioned. The Secretary's certificate states that the following appears at the bottom of the said descriptive list, viz:
"TAUNTON, March 21, 1780.
"Then I, the subscriber, received of James Williams, superintendent for the county of Bristol, the men borne on the foregoing list, being fifty in number, and engage to march and deliver them to Colonel Shepard, at Springfield, as soon as may be.
"JOSHUA WILBORE."
It is testified by Benjamin Chaney, that he served as a soldier in Colonel Sprout's regiment, Massachusetts line, for two years and two months previous to December, 1783, when he was discharged; that while in that service he knew the petitioner, who, he states, was a private in Captain Drew's company, in the same regiment, and that he was often on guard, fatigue, and other duty with him during that time; and especially refers to the petitioner's being employed, in the winter of 1782-'83, with others, in building huts, or barracks, back of New Windsor, above West Point. He

281-282
also states, that after the return of the Northern troops from Philadelphia, in the fall of 1783, he often saw the petitioner at West Point, doing duty.
Wilbur Freelove testifies that he knew that the petitioner enlisted into the continental service in the year 1780 for three years, and that he was absent until November, 1783; that he, the deponent, was out in the militia service nine months, and returned in November, 1783, and that the petitioner returned from the service in about a week after.
The rolls of the regiment in which it is testified that the petitioner served are not found.
The petitioner declares, on oath, that he received a discharge from said regiment, at West Point, and that said discharge was burnt, with his father's house, seven or eight years after the war.
The committee are satisfied, from this evidence, that, in addition to the two terms of service specifically stated by the Secretary of the Commonwealth of Massachusetts, amounting to seven months and twenty-nine days, the petitioner served from the 21st of March, 1781, until the latter part of 1783; and that, although the precise time of the termination of his service is not proved, it is manifest he served more than two years under this enlistment.
The committee therefore consider the petitioner clearly entitled to a full pension, under the act of 1832; and report a bill, allowing him a pension of $80 per annum.

27th CONGRESS, 2d Session.
H. R. 138.
Pri 148
( Rep. No. 92. )
FEBRUARY 9, 1842.
Read twice, and committed to a Committee of the Whole House to-morrow.
Mr. TALLIFERRO, from the Committee on Revolutionary Pensions, reported the following bill:
A BILL
An act For the relief of David Freelove.
1 Be it enacted by the Senate and House of Representatives 2 of the United States of America in Congress assembled, That 3 the Secretary of War be hereby authorized and required to 4 place the name of David Freelove on the pension roll, under 5 the act of June, eighteen hundred and thirty-two, and that 6 he cause him to be paid the sum of eighty dollars per annum 7 during his natural life.
Approved, August 26th, 1842.
A true Copy from the Roll in this Office.
Dept. of State, Sept. 1 st 1842.
Fletcher Robertson Clerk.

David Freeclove's Petition for a pension
May 21 1838
Ref to the Committee on Rev. Pensions
Dec. 14. 1838
Ref to Com. on Rev. Pensions
Feb. 5. 1840
Ref to Com. on Rev. Pensions
May 25 1840
Bill — 437-
Dec. 14. 1840
Ref to Com. on Rev. Pensions
Feb. 9 1842
Bill — N. 138
77
107
Rev. Pensions Glance

FREE
James L. Edwards Esq. Comm r of Pensions Washington D. C.
Rev. Freeline Oct 4. 32
Sept 19. 1842

Spt 19. 1842
Dear Friend Oct 2nd 32
Jamess L. Edwards Esq. Conn. & Pensylvania Washington D.C.
FREE

Middlebury Vermont Sept. 13. 1842
Sir
I find that David Foulon, to whom a pension was granted by a late act of Congress, and whose certificate you sent me recently, is dead. He died last November. His widow who is poor and blind resides in my District. Whether he left children or not I have not yet learned. His pension was made, by the act, to commence on the 4th of March 1831. The question arises whether the amount of the pension from that time to the day of his death is due to his widow, or children if he left any, or must be assets in the hands of his Administrator, or is not due to anybody, on account of the act not having been passed until after his decease.
Will you please answer this question,

and give me such instructions as may be necessary to obtain the amount if it is due to anybody.
Very respectfully & truly yours William Slade
J. L. Edwards Esq

Wanted Apr 5. copies 2 papers David Freeland & Milton Potter - Vert. Roll
Copies promised Apr 20. '38.
11648,
David Freeland Sept 6 '20
Milton Potter Shaper - unknown Apr 19 Mr. Owen & Harry Apr 30.

April 5. 1838
Sir
I have to request that you will send me copies of the papers in the case of David Foulke , a rejected applicant for a pension from Rutland County in my District. I want to present the case to Congress on next Monday.
Respectfully
William Slade
P.S. Please send me, also, copies of the papers in the case of Milton Potter an applicant from the same County, which I want for the same purpose, and at the same time.
W.S.
J. L. Edwards Esq

West Rutland Vt. April 24 th 1879
Cow      Apr 29
Dear Friend J. S. Edwards Esq Pension Office Washington City D.C.

West Rutland Vermont
April 24. 1839
J. L. Edwards Esq
Sir I ask permission to call your attention to the case of David Freelove of Rutland, County of Rutland and State of Vermont. He was a Pensioner under an act of Congress passed many years ago. After the death of Mr. Temple his outstanding pension was suspended, and notwithstanding four years have elapsed since, he and the additional evidence which he has procured, he has never been able to obtain any decision on his case. He knows not where in the evidence which he has forwarded to your office by Col. Gove, is defective, and of course cannot take a single step towards procuring additional testimony. I beg your attention to his case as one of peculiar hardship. He is aged & poor and after having been literally fed by the munificence of Congress for many years, is now stricken from the pension rolls and not able to learn any thing in relation to his case. If he can be advised of the cause of this delay, if the cause be insufficient testimony, he will doubtless be able to procure it; for Maj. Cheney of this town served in the same Regiment with Freelove in the American

Revolutionary war, and Frulove's name is on the Massachusetts Rolls of soldiers who enlisted & served in that war. Mr Frulove in- forms me that this evidence has been procured and forwarded to the Pension office.
I am well aware of the numerous demands which are made upon your patience. But I ask in behalf of an old soldier whose case comes most clearly within the benevo- lent intention of Congress. Permit me to solicit from you the favor of a speedy answer.
I am very respectfully Yr obed t Servant Lucius L. Tilden

Commonwealth of Massachusetts.
Secretary's Office, April 20 th 1838.
I hereby Certify, That, from an examination of the Books and Documents, relating to Military Services in the War of the Revolution, which remain in this Department, it appears that the name of David Freelove, as a private, is borne on pay-rolls of Capt. Thomas O'Brien's Company of Militia, in Col. Livingston's Regt. where he is allowed from July 11 th to Sept 24th 1779, two months and fourteen days. ————— m. d. 2-14
David Freelove's name is borne on a pay-roll of the six months men that marched to join the Continental Army in the year 1780, for the Town of Freetown, where he is allowed from August 15 th 1780, to Jan y 21 st 1781. five months and fifteen days. ————— 5-15
David Freelove's name is borne on a Descriptive List of men raised in ye County of Bristol & State of Massachusetts Bay, to serve in ye Continental Army, as ordered by Gen l Court, Decem r 2 d 1780. where it

appears that he enlisted in the 2 d Regiment in Capt. Brightman's Company for three years, and belonged to Freetown. The time he enlisted & how long he served is not mentioned. At the bottom of the list is the following. viz.
Taunton March 21 st 1781.
Then I, the subscriber, Received of James Williams Superintt for the County of Bristol, the men borne on the forgoing list, being 50 in number, and engage to march and deliver them to Col. Shephard, at Springfield, as soon as may be."
Joshua Willmore.
Edward D. Bangs, Secy

Boston April 20 th 1835
Sir,
We think that Mr. Freelove must be in an error, as to his serving three years from 1777 in the Continental Army ; he might have served at different times in the Militia, and the rolls not found in this Office. You will perceive by the Certificate that he is found for a short time in the Militia in 1779. The rolls for the sixteen Continental Regiments , from 1777, to Decem r 1780, are found in the Office; we have examined the whole sixteen, do not find his name among the rolls. After 1780, the rolls, are not found , but as you will also see, by the certificate, we have found his enlistment, which we trust will answer all the purposes you wish. Fifty dollars is paid by this State (instead of the 200 Acres of Land) to those Soldiers who served thirty months at one enlistment , who were at the time of their enlistment, and now are Inhabitants of this present Commonwealth , of course Mr. Freelove is not entitled to the fifty dollars, if he

does not belong to this Estate.
Yours Respectfully Ebenezer Homer Henry White
4 David Freeland's Claim
MC
O. J. Gove Esq. Rutland Vt.
Rolls- Jethro Dyer Co. Agents reg. Mar. 81. & may return 5. days Colston

Mar 19
to
Mr
Hon. J. L. Edwards Comm ee of Pensions City of Washington

Rutland Vt 12 th March 1835
Sir
Soon after the receipt of your favor of the 18 th Feby. I saw and conversed with Mr. David Freeland as to the time of his discharge. He says he was mistaken in his recent statement, and that he was discharged in the Fall of 1783 but not so late as December, yet thinks it must have been later than stated by Benj. Cheney, whose deposition is enclosed, — He further says that he kept his discharge until the burning of his house some years since when it was destroyed.
I have no doubt of the honesty of this man, but am inclined to the opinion that he would not have as accurate and distinct recollection of facts, long since past, as many other men —
I hope the above explanation, with the enclosed deposition, will be deemed sufficient, to direct the payment of his stipend as usual
Very respectfully Your Ob dt Servt.
A. L. Brown
Hon. S. L. Edwards Com r of Pensions

I enclose Isaac Southworth's Certificate for correction
Would also enquire what testimony would be required to substantiate Levi Long's claim for longer services as he is apprehensive there is some mistake, having actually served the whole time stated —

War Department
Pension Office
September 1. 1835
Sir,
I have the honor to make the following report, upon the accompanying letter of Mr. Gove appealing from the decision of this Office in the case of David Freeloove.
The claimant alleges that he was discharged from Colonel Harts Regiment in December 1783, at the termination of a three years enlistment - As his name is not found on the register of final certificates it is more than presumptuous that he left the service before that time and consequently his claim was suspended for further enquiry and investigation. In this state of things Mr. Gove maintains first, that the silence of the register is not the best evidence and that the rolls, and not the register, which is a transcript of the rolls should have been examined. The register is the record of the payment, to all who were in service , at the end of the war and if the omission of the claimants name be not the best evidence that he had left the service before September 1783 it is sufficient to throw upon him the burthen of proving (not a negative that he did not desert) but that he was actually in service at that time. The suggestion of any omission of paying off the men at the conclusion of the war
can

can have but little weight with those who are ac- -quainted with the accuracy with which names and amounts are preserved by all disbursing Officers of a pub- -lic Treasury. D r M c Gove argues that "desertion ought not to be presumed when it can't be proved". If the de- -partment possessed the rolls they would have been examined and the evidence they furnished accorded to the claim- -ant. But as there was no other document in relation to his services except the Certificate of the Secretary of the State of Massachusetts "that he enlisted in Captain Bright- -mans company, D r Regiment for three years" and the register of final settlements upon which his name would appear if he had fulfilled the conditions of his en- -listment, the rule in such cases which is uniformly en- -forced, required that he should establish his service by two credible witnesses who should state the time and manner of entering and leaving the service - the Company regiment and line to which he belonged.
It has never been asserted by the office that he did desert, it has been maintained that as he did not receive a certificate as he must have done if he had been in service at the end of the war in Sproats regiment, it imposes upon him the obligation to shew by proof, such as the rules require under what circumstances he left the service so as to satisfy The Dept.

Department that he did not desert, in which case he would be entitled. If he was transferred to any other regiment than Quoad and received his discharge therefrom, he should so state that the final settlement of such regiment might also be examined.
The deposition of Mr. Cheeny is filed with the papers in this office.
I have the honor to be,
Very respectfully, Sir,
Your Obedient servant.
(Signed) J. L. Edwards.
Hon. L. C. C. S. Secretary of War

F. 16 W. D.
David Incelove
3 rd October 1845.
Custom Office
Dr. G. Smith
[Faint mirrored handwriting from the reverse side of the page]
[Faint mirrored handwriting from the reverse side of the page]

Rutland V t . 28. Sept r . 1835.
Sir —
I have the honor to acknowledge the receipt of your letter of the 4 th , together with the accompanying report of the Commissioner of Pensions to the Secretary of War, of the 1 st instant, relative to the suspended pension of David Freelove. Understanding your decision as settling in favor of the claimant, all the points in question, excepting that of the service, it will be unnecessary for me further to occupy either your own attention, or that of the Commissioner, upon the other topics adverted to in those documents.
It will be observed, that Freelove was inscribed on the pension list, under the act of the 18. March, 1818: as will appear from his certificate, registered in book B, volume 4, page 102, — at the rate of 8 dollars per month, "to commence on the 6 th day of April, 1818." Under that act, it would seem, that proof of service "for the term of nine months," "at any period of the war," would give title to the pension therein tendered. If, then, he shall succeed in proving this term of service; it is respectfully contended, that he ought not to be required, under the very peculiar circumstances of his case, now to prove, "that he served to the end of the war;" as is intimated in the conclusion of your letter:" as well "on account of the rapid decrease of the survivors of the revolutionary army, and the consequent difficulty of procuring direct positive testimony in every case;" as, for the other and following reasons.
The enlistment is admitted by the Commissioner in his letter of 20. June. The Secretary of War has ascertained that his name is on "the muster rolls , as late perhaps as 1780."
M c Bangs shews his name to be on the "descriptive list of men raised in the County of Bristol and State of Massachusetts Bay, to serve in y e Continental Army, as ordered by General Court, Dec r . 2. 1780" — where "it appears he enlisted," &c. and that on the 21. March, 1781, Joshua Wilbow received of "James Williams, Superintendent for y e County of Bristol, the men borne on y e foregoing list, being 50 in number" [of whom Freelove was one] "to march and deliver them to Col. Shepherd at Springfield, as soon as may be." And, in addition to all this, the Secretary of War, as late as the 4. September, 1835, "sees no reason to suppose, that M c Freelove deserted."
I am aware, that all this is not perhaps "direct, positive testimony" to the actual service, for the term of nine months

at any one period of the war. But, if there be no reason to suppose that Mr. Freelove deserted, in all that time; the question forces itself, irresistibly, upon my mind — and I put it with the most respectful deference — 'What became of Mr. Freelove, after his name was thus placed on the muster rolls ; and how, and where, was he employed? There having been no desertion — will it be deemed indecorous, further, respectfully to ask, If the inference does not follow, beyond the possibility of doubt, that he in fact did serve ? not only for the period of nine months, at one period of the war; but, as I hope farther to show, until the fall of 1783?
And to this last mentioned purpose, I beg leave to refer, once more, to the further deposition of Capt. Benjamin Cheney, taken on the 19. instant. After reciting sundry pertinent facts, Capt. Cheney concludes in the following words: "Deponent does not recollect, how soon after his arrival at West Point, which was in the month of April, 1781, he became acquainted with said Freelove, so as to know him, but thinks it must have been very soon: and he verily believes, that Freelove was with the Regiment, as long as deponent was — unless he might have been discharged a few days before deponent was discharged — of which he had no knowledge." The deponent moreover relates, "that he has often been on guard , fatigue , and other duty with the said Freelove" — and states, specifically, that Freelove was present, on duty, in the winter of 1782-3; and, also, in the fall of 1783.
I refer, also, to the deposition of Wilbur Freelove — herewith transmitted — who swears, that he knows, David Freelove enlisted into the Continental service of the United States in the year 1780, for 3 years; and that he was absent until Nov. 1783; that deponent was himself out in the Militia service, nine months, and returned in Nov. 1783; and that said David returned about a week after witness did. Although this witness does not prove the actual service; yet, the time of the return stated by him, coinciding very nearly with Capt. Cheney's recollection of the termination of Freelove's service, in the fall of '83, gives it the air of great probability; and, if I am not mistaken, constitutes a link of circumstantial evidence which in many cases, certainly, would approximate to demonstration, that Freelove was discharged in Nov. 1783; and, consequently, must have served to the end of the war?

In this state of the question, — there still being "no reason for supposing that M t . Frelone deserted" — permit me, again respectfully to ask, If there can be any reason for supposing that he did not serve, for the term of nine months at any one period of the war? And furthermore — in the absence of all proof to the contrary from the master rolls , where his name is admitted to be "as late perhaps as 1780" — if it does not follow, as a settled position, that Frelone must have "served to the end of the war?"
Having thus, as is supposed, established the fact, that Frelone did serve, for a term of nine months at one period; I submit, whether or not, in the present state of the case, it be needful, further to discuss the question (if indeed any remain) of his having served to the end of the war? Even upon the supposition of not having proved the longer term — which is not admitted — yet, the shorter term of 9 months, required by the act of 1818, seems to be settled, by the service in the winter of '82-3, continued thro' the summer, into the fall of the latter year. And, if Frelone insisted for 3 years, and actually served to the end of the war — as 'it appears he did' — it would be no egregious mistake for common men, and especially for "Capt. Drew's fool," to confound the terms, and artlessly use the one for the other. And, altho' he may have mis-stated his rights or his services in this respect; the Government will never, it is presumed, conclude a meritorious soldier by the technical rules of special pleading.
But, I have already protracted my remarks, quite as far, as in my judgment the present occasion demands; and, in submitting them to your consideration, I have the honor to be,
Very respectfully
Sir,
Your obt servant
John Gove
To
Hon ble Lewis Cass
Secretary of War
City of Washington

V. 16. W. K.
Capt. Benj m Cheney's Deposition David Freeland's claim

The deposition of Benjamin Cheney of Rutland in the County of Rutland and State of Vermont, aged 72 years, who being sworn according to law, deposes and says, he belonged to Capt. Mearns' Company in Col. Sprouts' Regiment, in the Revolutionary war, as heretofore related in my former depositions; that he enlisted for the term of three years, and was discharged in the month of December, 1783; that he served about two years and ten months of the said term of 3 years, and was discharged at West Point; that while in the service as above mentioned he knew David Freelove, now residing in Clarendon in County, who was a Private in a Company commanded by Capt. Drew, in Col. Sprouts' Regiment. Deponent says, that he has often been on guard, fatigue, and other duty with said Freelove — he recollects, that Freelove was with the army, doing duty, when in the winter of 1782-3, they were employed in building huts as they log barracks were then called, back of New Windsor on the North River above West Point. That after the return of the northern troops from Philadelphia, in the fall of 1783 (when they had been to suppress a mutiny) this deponent often saw said Freelove at West Point with other soldiers doing duty; and a short time before deponent was discharged, as above mentioned, he saw Freelove there, passing along with others in front of the Regiment; and he has no knowledge but what Freelove was there, when he deponent was discharged and left the service. Deponent is confident that he is not mistaken in the person of Freelove; on account of his peculiarities; being tall, slim, and rather under-witted — so that in the army, among the soldiers, he was known by the nick name of, " Capt. Drew's fool ." From the time he was discharged, deponent had never seen Freelove, until the summer of 1818, when a number of the old soldiers assembled at Rutland for the purpose of procuring pensions under the act of the 18th of March of that year. Deponent then saw Freelove coming, about 30 rods off, and recognised him, at once, and as he came up, called him by name — Freelove, however, did not recollect deponent. Deponent does not recollect how soon after his arrival at West Point, which was in the month of April, 1781, he became acquainted with said Freelove, so as to know him, but thinks

it must have been pretty soon; and he verily believes, that Frazier was with the Regiment as long as deponent was - unless he might have been discharged a few days before deponent was discharged - of which he has no knowledge. And further this deponent saith not.
Benj: Cheney
State of Vermont } Rutland County, ss. }
Be it known, that on this 19 th day of September, 1835, before me the subscriber, a justice of the peace in and for said County of Rutland, personally appeared Benjamin Cheney who subscribed the preceding deposition in my presence, and made oath, that the preceding deposition contains the truth, and nothing but the truth. And I do hereby certify, that the said Benjamin Cheney is reputed to be a credible witness.
Griscom Cheney Justice Peace.
State of Vermont } Rutland County, ss. }
I Robert Peipon, Clerk of the County Court for the County of Rutland certify that Griscom Cheney is a Justice of the peace for said County duly commissioned that his signature above is genuine
In testimony whereof I have hereunto set my hand and affixed the seal of said Court at Rutland this 21. day of September A.D. 1835 R. Peipon

Calvin Smith
21. aug 80

The deposition of Benjamin Cheeney of Rutland in the County of Rutland and State of Vermont, aged 72 years, who being duly sworn, deposes and says, that during the revolutionary war he enlisted for three years as a private in the Company commanded by Capt. James Means in Col. Sprout's Regiment in the Massachusetts line and in Patterson's Brigade; that he served during the said term, and was discharged in the month of December, 1783; that he was acquainted with David Trelowe, now of Clarendon in said County, who belonged to the same regiment with this deponent, but not to the the same Company; that he often saw the said Trelowe on duty in the summer and fall of that year, and doth not now recollect, that any person deserted from the regiment that summer or fall, and he doth verily believe, that no one did desert from the Regiment at that time; as desertion was so rare an offence in the Regiment, that he is confident he should remember it, if any had taken place. Returns were made weekly by the Sergeants to the Adjutant - but deponent does not remember to have heard of any desertion during the time above mentioned - and, from his knowledge of Trelowe he does believe, that he never did desert - he was always a faithful, simple, but honest soldier. Trelowe belonged to Capt. Drew's Company. And further this deponent saith not. Benj c Cheeney
State of Vermont, } Rutland County, } Ys }
Be it known, that on this 22 d day of August, 1835, before me the subscriber, a Justice of the Peace in and for the said County, personally appeared Benjamin Cheeney who subscribed the preceding deposition in my presence, and made solemn oath, that the facts therein stated contain the truth and nothing but the truth. And I do hereby certify, that the said deponent is reputed to be a credible witness.
Benj c Cheeney Justice Peace.

State of Vermont Rutland County
I Robert Peapoint Clerk of the County Court for the County of Rutland certify that Gershon Cheney is a justice of the peace for said County duly Commissioned and that his Certificate of signature to the within Certificate is genuine
In testimony whereof I have hereunto set my hand and affixed the seal of said Court at Rutland this 25 th day of August A.D. 1885
R. Peapoint

Rutland Vt. 10. June, 1835.
Sir:
I have the honor to inclose, for your consideration, the Certificate of Secretary Bangs, proving about seven months actual service of David Freelove; and, that he enlisted for three years, and was delivered to Col. Shepherd for that service: leaving the inference, that he did in fact serve out that term, bating about three months, from December to March — unless it can be made to appear that he either deserted, or was sooner discharged.
I know, than in your last note to A. L. Brown Esq. it is suggested, that there may be one or more persons living in this vicinity, who undoubtedly belonged to the company Freelove served in. Such, unfortunately for him perhaps, is not the fact: at any rate, if there are any, they are not known to him — and the probability is, that there are none hereabout. Indeed, the only non-commissioned officers and privates of his company whose names he can recollect, are Drill-Sergeant John Cook, Corporal Joseph Northam, and the following privates — Seth Makepeace of Raynham, Joseph or John Fowler of Bridgewater, Thomas Jones ofighton, and Frank George of Taunton an Englishman; but, in what part of the Country, they settled, or whether any of them are now in life, Freelove is utterly ignorant. And this imbecility is not so remarkable, when it is known, as the fact undoubtedly is, that Freelove is altogether illiterate — having never learned to read, as much as his own name, when in print — although he has been for many years, and is now, a member in good standing in the Baptist Church in Claremont where he resides.
As to the proof of his discharge and the manner of it, it seems incapable of being gathered except from his own story; and Freelove states, that when he left the service, he received a regular discharge, and he now thinks that some person told him it was signed by Genl. Washington — But, whether or not it was so signed, he does not now know — and probably never did, in as much as he could not read. But that he had such a document, I cannot doubt, tho' it may have been, and probably was issued, under orders from the Commander in Chief. Perhaps it was Genl. Howe, to whom Brigade he says he belonged. He well remembered, that he was discharged at New Windsor, but the precise year he knows nothing about, excepting that it was the year the army was disbanded, which the history of the

times shows it to have been in November 1783. And to this ignorance must be ascribed his error in stating that Mr. Brown, or the person whom he was who drew up his original declaration, fully , that he was discharged in 1782. Somebody, he says, and one equally uninformed as himself, had told him, that the war men were discharged that year; and upon that representation his declaration must have been founded.
Furthermore, Trulove stated, that after the war, he returned to Taunton, and resided there sometime with one George Smith, his wife's father; and that while he resided there, the house took fire and was burned with most of its contents, and among them was his discharge. This last fact, however, is incapable of proof, in this quarter; because, as far as he knows, every person acquainted with the fact, excepting his wife, is now deceased - and she by the rules of law cannot be a witness for him.
Assuming the above statement to be true, and Trulove professes to be ready to swear to it, if required, so far as it is derived from him, it would seem, that Trulove has been regularly discharged: and if so, the returns at the War Office unquestionably show the precise time. If then he has been guilty of no more culpable act than that of forgetting, or rather perhaps, of never knowing a particular date, and that too through the imbecility of an uncultivated mind and memory, I persuade myself, that the benefits of those returns will be extended in this case to Trulove. The Certificate of Mr. Bangs shows him to have been recruited under the Order of the General Court of Massachusetts, of 2. Dec. 1780: and that on the 21. March, 1781, he in fact marched under Joshua Wilbore to the rendezvous of the troops raised under that order, at Springfield. I am not aware, that proof more complete, of an enlistment, can be adduced from revolutionary documents; and unless Trulove has been guilty of desertion, unpardoned mutiny, or some other act of demerit, it would seem unjust to deprive him of his pension, merely for his ignorance of precise dates, which seem to be supplied by circumstances about which there can be no mistake.
Having said thus much in explanation, I would beg leave respectfully to ask, If in case these considerations are not satisfactory, What further proof as to the manner of his discharge will be required, in order to the restoration of Trulove? If his comrades above named are any of them now living, they are probably on the

pension list; and from some one of them he might possibly, unless they are as forgetful as himself, obtain proof in support of this statement. But even that proof cannot be obtained, without the aid of the Department - in pointing out the residence of such of those men as may be on the list, or, of some other pensioner belonging to the company in which Frelove served, and who may be on the Pension List.
The letter of Messrs Homer & White appended to the Certificate of Secretary Bangs, though it is not testimony, may, nevertheless deserve a passing remark. It was written in answer to my letter to them, inquiring for proof of Frelove's services. I had stated in that letter, from Frelove's personal relation to me, among other things that at the age of 16, in Jan'y. 1777, he had enlisted for 3 years under Capt. Thomas Ellsbury of Frampton. The words " in the continental army " underscored by them in the 5th line of Messrs Homer & White's letter, were not inserted, I believe, in my letter to them. In the present question, however, it is unimportant; although 2 months & 14 days of the 3 years are found and proved. Frelove claims, I believe, to have been in the service from January, 1777, to the time the army was disbanded - a period of nearly 7 years - and which by his own account appears to have been continued by repeated enlistments. But, his last enlistment, under the Order of the Genl. Court, of 2. December, 1780, is the one, I presume, on which his present claim chiefly depends. And in remarking further upon the subject, I beg leave to call your attention to the concluding part of Messrs Homer & White's letter, where they speak of the bounty of 50 dollars, or 200 acres of land, provided by the State of Massachusetts for 30 months service at one enlistment . It seems there to be admitted, that Frelove did serve 30 months on this last enlistment; and that if he were now an inhabitant of that State, he would be entitled to the bounty.
I have the honor to be
With great respect Sir,
Your Obedt. Servt.
Levi Gooch
To
Hon. James L. Edwards Commr. of Pensions City of Washington.

David Freeloove Rutland Vt.
Mr Edwards directs his petition to the stepfather

Rutland 10 th Feby. 1835
Agreeably to the instructions from the Pension-Office addressed to the Hon. William Stade. on the 17 th Jan'y. 1835 I make the following statement of facts, corresponding as near as I can recollect, with my original declaration.
I served in Col. Sprout's Regiment, in Capt. Seth Drew's company, Lieut. Murphy was Lieut. in said company, our Regiment belonged to the Massachusetts line -
At the time I was in the service I belonged to Free-town in the state of Massachusetts - I served principally in the vicinity of the North River from New York to West Point - was in the battle of Monmouth (or Valentia's hill), about four miles from King's bridge, - was in some skirmishes at White Plains and assisted in building a small fort at Dobbs Ferry - under the command of Baron Steuben - served with the regulars, enlisted first for three years in February 1779 and I believe in April following enlisted during the war - served something more than three years and was discharged in December 1782 -
When I made application for a pension I resided in Rutland state of Vermont, and the testimony was taken before the Rutland County Court - I have received ninety six dollars per annum, and have been paid up to the 4 th September last.
I have the honor to be
Your Obt. Servt.
Hon. S. S. Edwards re.
David his X Frelove mark
The above named David Frelove made his mark as above in my presence, and I am well acquainted with him A. S. Brown.

Benj - Cheney
affidavit
affidavit of the true and correct copy of the original now on file in my office and of the whole thereof Given under my hand and the seal of said office this 10th day of March 1832
affidavit of the true and correct copy of the original now on file in my office and of the whole thereof Given under my hand and the seal of said office this 10th day of March 1832

I Benjamin Cheney of Rutland in the county of Rutland and State of Vermont of lawful age being duly sworn, depose and say that I was well acquainted with David Freeborn of the same Rutland in the war of the Revolution, as he belonged to the same Regiment with myself, he enlisted, during the war and served to the close of the war and I believe was discharged in the summer of 1783, at New Windsor and further say not
Benj c Cheney
State of Vermont ss. Rutland County ss.
Rutland 4 th March 1835
Personally appeared Benjamin Cheney who subscribed the above deposition, and made oath in due form that the same contains the truth and nothing but the truth before me
A. L. Brown Just. Peace

17,272.
David Freeland, Rutland Co: Verm. 6. April, 1818.
Col. Smith and Col. Sproats' reg'ts Mass's line, May 1780, to the end of the rev. war.
Not found on the rolls.
Service proved by the testimony, on oath, of two credible witnesses
R: Temple, agent Rutland, Vermont, Rec'd 19. Aug t . 1820.

David Freeman
Capt. Drury Co. Col. Spent; Reg t of Mass from Dec. 1780 to Dec 1782 —
Completed R. D. [?]
The evidence of an officer as to the applicant's services required.

State of Vermont
I Thomas Hammond one of the judges of Rutland County Court do certify, that I am satisfied the foregoing named David Freeman, an applicant for a pension, served in the revolutionary war as a soldier against the common enemy agreeably to his foregoing declaration & that from his various circumstances he is in need of assistance. In consideration whereof I certify the foregoing evidence in his case and the proceedings had thereon in conformity to an act of Congress entitled "An act to provide for certain persons engaged in the land and naval services of the United States in the revolutionary war" passed 18. March 1818
In testimony whereof I hereunto set my hand & have caused the seal of said court to be hereunto affixed at Rutland this 6 th day of April 1818
Thos. Hammond
State of Vermont
I Robert Temple Clerk of Rutland County Court do certify that the Hon. Thomas Hammond who subscribed the above certificate is one of the judges of said court - and that I have affixed the seal of said court to these presents by order of said judge at Rutland this 6 th day of April 1818
R. Temple
I certify that Robert Temple before whom the annexed affidavits were taken is a justice of the peace duly commissioned and that the foregoing are his signatures Rutland 2. Feb. 1819
R. Temple Clerk

51 Columbus Avenue, Southbridge, Mass. October 16, 1937.
Veterans Administration, Washington, D. C.
In re BA-J/ady---David Freelove S.13077
Dear Sirs:
Thank you very much for your letter of the 12th, with reference to the above David Freelove, my great-great-grandfather. From the information contained therein I hope to further my research in the genealogical record of our family ancestry.
It would appear certain that the information handed down through the family as to Revolutionary War service was correct. However, you did not state just what the pension amounted to, - that is, was it a lump sum, or a monthly payment, or perhaps both?
I always have understood there was a lump payment of $800, from which he assisted his daughter, Harriet, and her husband, one David Peck, to build a small home on the farm in Ira, Vermont, and in which house my own mother was born, and spent her girlhood, as did her mother before her, the David Peck referred to being my great-grandfather.
Would it be asking too much to request you to advise me if your records show such payment of $800?
Again thanking you for your courtesy, I am,
Very truly yours,
H. E. Morehouse H. E. Morehouse.

51 Columbus Avenue, Southbridge, Mass. September 25, 1937.
Veterans' Administration, Washington, D. C.
Dear Sirs:
A letter of inquiry to the War Department, relative to one of my ancestors, has brought the suggestion that as it was impossible for them to locate the name sought, I refer my request to your department.
✓ I would like the Revolutionary War record of one, David Freelove, possibly enlisting from Massachusetts, or perhaps from Vermont. He was my great, great grandfather on my Mother's side, and was supposed to have drawn a pension of $800, while he lived in either Ira, or West Rutland, Vermont, the former town then being within the township of Clarendon, I believe.
It would be a source of great satisfaction to me if you are able to help me in this matter, and in anticipation of your courtesy, please accept my thanks.
Perhaps I might add that his wife's first name was Lucy _____ (?) in case there may have been more than one David. I am unable to furnish from any records I have found, the last name of his wife. He had a daughter, Harriet, who married in Ira a man named David Peck, and they were my great grandparents.
The best record I have is that David Peck was born in 1775, and assuming he and his wife, Harriet Freelove, were of an approximately equal age, her father, the David Freelove sought, may have been born around 1740 to 1750, - this simply being a guess based on the assumption he may have been from 25 to 35 years of age when his daughter was born.
Yours very truly,
H. E. Morehouse H. E. Morehouse.

Rehran
13.077 INVALID.
File No. 13.077
David Frelove Rev War
Act: June 7 th 1832
Index:—Vol. _____, Page _____
[Arrangement of 1870.]
1937 Oct 12. Asst. to H. E. McHugh. 1937 Nov 29. Mr. E. McHugh ref'd to C. J. for info. in re. to payments of pension, etc. — MM. H. E. McHugh

I HEREBY certify, that the accompanying pages numbered from One to Thirteen, inclusive, are truly copied from the originals in the Office of the Commissioner of Pensions, Department of War.
J. L. Edwards
Commissioner of Pensions.
BE IT REMEMBERED, That JAMES L. EDWARDS, who has signed the foregoing certificate, is Commissioner of Pensions; and that to his attestations full faith and credit are and ought to be given.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name, and caused the seal of the Department to be affixed, on this Seventh day of May in the year of our Lord one thousand eight hundred and thirty Eight
S. Cooper As Secretary of War.

Copy
I David Freelove of Rutland in the County of Rutland and State of Vermont, of the age of fifty five years, being duly sworn, do declare depose & say that in 1780 I lived in Freetown in the State of Massachusetts, and that in May of that year I enlisted as a soldier into the Continental army to serve for six months, and in the month of June following I was marched with about 14 others under the command of a Sergeant to West Point and from thence to a place called English neighborhood (Englishtown) in New Jersey, where I was attached to Capt. Williams Co. Col. Smith Reg t of Massachusetts - That we went into winter quarters at West Point the following winter, soon after which in Decem r . 1780, I enlisted into Capt. Seth Drew's Company, Col. Sprout's Regiment of the Massachusetts line to serve during the war - that I served accordingly in said company & regiment until Decem r . 1782, when I was honorably discharged at West Point. My discharge was burnt with my father's house in Freetown afores d . seven or eight years after the war. I served the whole of said time as a soldier. I have no papers to prove either my enlistment or discharge. I further say that I am a resident citizen of the U. States, and have resided in Rutland aforesaid about one year. I further say that I am poor - and that from very reduced circumstances in like I stand in need of assistance from my country for support - and further say not. Subscribed & sworn this 6 th day of his April 1818. Before me. David Freelove Thos. Hammond, Assistant Judge of Mark Rutland County Court.

On the 29 th day of Decem r 1818, personally came Benjamin Cheney, a credible witness, and made solemn oath, that he is acquainted with David Frelove, and was acquainted with him during the revolutionary war - that in 1781 & 1782 he s d David belonged to Capt. Drew's Company & served in said company as stated in the foregoing declaration about two years - and further saith not.
Ro Temple, Jus. Peace.
On the 2 d day of Feb. 1819 personally came James King a credible witness who being duly sworn doth depose & say that he is acquainted with the foregoing named David Frelove, and was acquainted with him during the revolutionary war - and that he knows the said David served in Capt. Drew's Company in 1781 & 1782 for more than one year at one time - and has no doubt he served the whole time as stated in his said declaration. Sworn before me.
Ro Temple, Jus. Peace.
State of Vermont.
I Thomas Hammond, one of the Judges of Rutland County Court do certify that I am satisfied the foregoing named David Frelove, an applicant for a pension served in the Revolutionary war as a soldier against the common enemy agreeably to his foregoing declaration & that from his reduced circumstances he is in need of assistance for support. In consideration whereof I certify the foregoing evidence in

his case and the proceedings had thereon in conformity to an act of Congress entitled "An act to provide for certain persons engaged in the land and naval service of the United States in the Revolutionary war", passed 18 March 1818.
In testimony whereof I hereunto set my hand and have caused the seal of said Court to be hereunto affixed at Rutland this 6 th day of April 1818. Thos Hammond.
State of Vermont.
I Robert Temple, Clerk of Rutland County Court do certify that the Hon. Thomas Hammond who subscribed the above certificate is one of the Judges of said Court - and that I have affixed the Seal of said Court to these presents by order of said Judge at Rutland this 6 th day of April 1818 R. Temple.
I certify that Robert Temple before whom the annexed affidavits were taken is a Justice of the peace duly commissioned, and that the foregoing are his signatures Rutland 2 Feb. 1819. R. Temple Clerk.
State of Vermont } Rutland County } ss
On this 4 th day of December 1820 personally appeared before the County Court for said County of Rutland in open Court, (said Court being a Court of record, agreeably to the laws of this State, having the power of fine and imprisonment, &c.)

David Freckle aged 58 years, resident in Rut- land in said County of Rutland who being first duly sworn, according to law, doth, on his oath declare, that he served in the Revolu- tionary war, as follows: in Capt. Drew's Co. Col. Spaulding's Reg t of Vt. Mts. from March 1780 to the close of the Revolutionary war. that he made his original declaration on the 6 th day of April 1818 has received a Pension Certificate, N o 17,707. And I do solemnly swear, that I was a resident citizen of the United States on the 18 th day of March, 1818; and that I have not, since that time, by gift, sale, or in any manner, disposed of any property, or any part thereof, with intent there- by so to diminish it, as to bring myself within the provisions of an Act of Congress, entitled, "An act to provide for certain persons engaged in the land and naval service of the United States, in the Revolutionary War," passed on the 18 th day of March 1818; - and that I have not, nor has any person in trust for me, any property or securities, contracts or debts, due to me; nor have I any income other than what is con- tained in the schedule hereto annexed, and by me subscribed. - 1 bow - 1 pig - 1 sheep - 1 axe - 1 hoe - 1 sythe - 1 pine table - 4 chairs - 6 knives & forks - 3 iron spoons - 2 teapots - 1 doz cups & saucers - 2 tea spoons - 6 earthen plates - 1 platter - 2 iron kettles - 1 tea kettle - 1 pot - 1 flat iron - 1 pr. shovel & tongs - 1 pr. and irons - 1 spider - 1 rake - 2 pails -

5 I have a wife named Lucy aged 57 years who is in feeble health afflicted with pain in her breast, and unable to labor but little. I have nothing due me, but am indebted to others to a considerable amount
Sworn to & declared on the } fourth day of December 1820 } before said Court
his David Frelove mark.
Robt Pierpoint Clerk."
State of Vermont } Rutland County ss }
I Robert Pierpoint Clerk of the County Court for the County of Rutland do hereby certify, that the foregoing oath, and the schedule thereto annexed, are truly copied from the record of the said Court: — And I do further certify, that it is the opinion of the said Court, that the total amount in value of the property exhibited in the aforesaid schedule is Eighteen Fifty dollars.
In testimony whereof, I have hereunto set my hand, and affixed the seal of said Court, at Rutland this 6 th day of December 1820.
R. Pierpoint.
I Benjamin Cheney of Rutland in the County of Rutland and State of Vermont of lawful age being duly sworn depose and say that I was well acquainted with David Frelove of the same Rutland in the war of the Revolution, as he belonged to the same Regi.

ment with myself, he enlisted during the war and served to the close of the war, and I believe was discharged in the summer of 1783, at New Windsor, and further say not. Benj. Cheney.
State of Vermont Rutland County ss. to Rutland 4 th March 1835
Personally appeared Benjamin Cheney who subscribed the the above deposition, and made oath in due form that the same contains the truth and nothing but the truth. before me.
A. L. Brown. Just peace.
Commonwealth of Massachusetts.
Secretaries Office April 20 th 1835.
I hereby certify, That, from an examination of the Books and Documents, relating to Military services in the War of the Revolution, which remain in this Department, it appears that the name of David Freelove, as a private is borne on pay Rolls of Capt. Thomas Elsbree's Company of Militia, in Col. Livingston's Reg t where he is allowed from July 11 th to Sept. 24 th 1779, two months and fourteen days - 2 m. 14 d.
David Freelove's name is borne on a pay roll of the six months men that marched to join the Continental Army in the year 178, for the Town of Freetown, where he is allowed from August 15 th 1780 to Jan'y. 21 st 1781. five months and fifteen days 5 m. 15 d.
David Freelove's name is borne on a Descriptive List of men raised in ye County of

7. Bristol & State of Massachusetts Bay, to serve in ye Continental Army, as ordered by Genl Gourt, Decemr 2 d 1780. where it appears that he enlisted in the 2 d Regiment in Capt. Bright- man's Company for three years, and belonged to Freetown. The time he enlisted and how long he served is not mentioned. At the bottom of ye list is the following Viz.
Taunton March 21 st 1781 Then I, the subscriber Received of James Willi- ams Superint t for ye County of Bristol, the men borne on ye foregoing list, being 50 in number, and engage to march and deliver them to Col. Shepard, at Springfield, as soon as may be "Joshua Willone" Edward D. Bangs Secy.
Boston April 20 th 1835.
Sir,
Wee think that Mr. Frelove must be in an error, as to his serving three years from 1777 in the Continental Army ; he might have served at different times in the Militia, and the rolls not found in this Office. You will perceive by the certificate that he is found for a short time in the militia in 1779. The rolls for the sixteen Continental Regiments , from 1777 to Decemr 1780, are found , in the Office; we have examined the whole sixteen, & and do not find his name on any of the rolls, after 1780, the rolls are not found , but as you will also see by the certificate, we have found his enlistment, which we trust will answer all the purposes you wish. Fifty dollars is paid by this State

(instead of the 200 acres of Land) to those Sol- diers who served thirty months at one en-  listment , who were at the time of their en- listment, and now are Inhabitants of this  present Commonwealth , of course Mr. Free- land is not entitled to the fifty dollars, if he does not belong to this State.
Yours Respectfully.
Ebenezer Homer.
Henry White.
I love Esq Rutland. Vt.
I Wilbur Freelove aged Twenty two depose and say that I am well acquainted with Da- vid Freelove and know that he enlisted into the Continental service of the United States in the year A.D. 1780 for three years and that he was absent untill Nov r A.D. 1783, that I was out in the militia service nine months and returned in Nov r 1783 and the said David returned in about a week after I did. and further the deponent saith not
his
Thurs Asd ally
Wilbur x Freelove mark.
Wett Rutland July 6 th 1835, then personally appeared Wilbur Freelove signer of the above deposition and made solemn oath that the same is according to truth. Before me — J. Purdy Jus. Peace.
And I do hereby certify that the said Wilbur Freelove is reputed to be a credible witness. J. Purdy Jus. peace.

State of Vermont
Rutland County ss. I Robert Pierpoint Clerk of the County Court for the County of Rutland certify that John Purdy is a Justice of the County of Rutland duly commissioned, and that his signature to the within certificate is genuine.
In testimony whereof I have hereunto set my hand and affixed the seal of said Court at Rutland this 21 st day of September A.D. 1835.
Robt Pierpoint.
The deposition of Benjamin Cheney of Rut- land in the County of Rutland and State of Vermont, aged 72 years, who being duly sworn deposes and says, that during the revolution- ary war he enlisted for three years as a private in the Company commanded by Capt. James Means in Col. Sprouts Regiment in the Massachusetts line, and in Pattersons Brigade; that he ser- ved during the said term, and was discharged in the month of December, 1783; that he was ac- quainted with David Frelove, now of Charlem- ont in said County, who belonged to the same regiment with this deponent, but not to the same Company; that he often saw the said Frelove on duty in the summer and fall of that year, and doth not now recollect, that any person deserted from the regiment that summer or fall, and he doth verily believe, that no one did desert from the Regiment at that time, as desertion was so rare an offence in the Re-

giment, that he is confident he should remem- ber it, if any had taken place. Returns were made weekly by the Sergeants to the Adjutant. but deponent does not remember to have heard of any desertion during the time above menti- oned - and, from his knowledge of Freeborn he does believe, that he never did desert - he was always a faithful, simple, but honest Sol- dier - Freeborn belonged to Capt. Drew's Com- pany. And further this Deponent saith not. Benj r Chency.
State of Vermont Rutland County, ss } 3
Be it known on this 22 nd day of August, 1835, before me the subscriber, a Jus- tice of the Peace in and for the said County, personally appeared Benjamin Chency who subscribed the preceding deposition in my presence, and made solemn oath, that the facts therein stated contain the truth and nothing but the truth. And I do hereby cer- tify, that the said deponent is reputed to be a credible witness
Gershon Chency. Justice peace.
State of Vermont Rutland County ss } 3
Robert Pierpoint Clerk of the Seal of County Court for the County of Rutland certify that Gershon Chency is a Justice of the peace for said County duly commissioned and that his signature

to the within certificate is genuine.
In testimony whereof I have hereunto set my hand and affixed the seal of said Court.
At Rutland this 25 th day of August A.D. 1835 R. Pierpoint.
The deposition of Benjamin Cheney of Rutland in the County of Rutland and State of Vermont, aged 72 years, who being sworn according to law, deposes and says, he belonged to Capt Means Company in Col. Sprouts Regiment, in the Revolutionary war, as heretofore related in my former depositions; that he enlisted for the term of three years, and was discharged in the month of December, 1783; that he served about two years and ten months of the said term of 3 years, and was discharged at West Point; that while in the service as above mentioned he knew David Freelove, now residing in Marlendon in County, who was a private in a company commanded by Capt. Drew, in Col. Sprouts Regiment. Deponent says, that he has often been on guard, fatigue, and other duty with said Freelove - he recollects, that Freelove was with the army, doing duty, who in the winter of 1782-3, they were employed in building huts as the log barracks were then called back of New Windsor on the North River above West Point. That after the return of the northern troops from Philadelphia, in the fall of 1783 (where they had been to suppress a mutiny) this deponent after saw said Freelove at West Point

with other soldiers doing duty; and a short time before deponent was discharged, as above mentioned, he saw Freelove there, rapping along with others in front of the Regiment; and he has no knowledge but what Freelove was there, when he deponent was discharged and left the service. Deponent is confident that he is not mistaken in the person of Freelove; on account of his peculiarities; being tall, slim, and rather under witted - so that in the army, among the the soldiers, he was known by the nick name of, " bapt. Drew's fool ." From the time he was discharged, deponent had never seen Freelove, until the summer of 1818, when a number of the old soldiers assembled at Rutland for the purpose of procuring pensions under the act of the 18 th of March of that year. Deponent then saw Freelove coming, about 30 rods off, and recognised him, at once, and as he came up, called him by name - Freelove however, did not recollect deponent. Deponent does not recollect how soon after his arrival at West Point, which was in the month of April, 1781, he became acquainted with said Freelove, so as to know him, but thinks it must have been pretty soon; and he verily believes that Freelove was with the Regiment as long as deponent was - unless he might have been discharged a few days before deponent was discharged - of which he has no knowledge. And further this deponent saith not.
Benj. Cheney.

State of Vermont } Rutland County ss }
Be it known, that on this 19 th day of September, 1835, before me the subscriber, a justice of the peace in and for said County of Rutland, personally appeared Benjamin Cheney who subscribed the preceding deposition in my presence, and made oath, that the preceding deposition contains the truth, and nothing but the truth.
And I do hereby certify, that the said Benjamin Cheney is reputed to be a credible witness. Gersharn Cheney, Justice Peace.
State of Vermont } Rutland County ss }
Seal
I Robert Pierpoint Clerk of the County Court for the County of Rutland certify that Gersharn Cheney is a Justice of the peace for said County, duly commissioned that his signature above is genuine.
In testimony whereof I have hereunto set my hand and affixed the seal of said Court at Rutland this 21 day of September A.D. 1835
R. Pierpoint.

HR — W 138
David Freeloove
Fav.
No 132